This case has been cited 3 times or more.
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2006-12-13 |
GARCIA, J. |
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| It is elementary that alibi is the weakest of all defenses, what the ease with which it could be contrived. This explains why alibi is generally rejected especially when the complaining witness sufficiently and positively establishes the identity of the accused.[19] | |||||
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2005-10-20 |
QUISUMBING, J. |
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| We do not doubt Joseph�s identification of Joey Guiyab. Even if he did not know the name of the petitioner prior to the incident, he was able to identify him in open court. Besides, Joseph maintained that although he did not know the name of the petitioner, he knew him by his face.[9] There is nothing in law or jurisprudence which requires, as a condition sine qua non, that, for a positive identification of a felon by a prosecution witness to be good, the witness must first know the former personally.[10] The witness need not have to know the name of the accused for so long as he recognizes his face.[11] We ruled that �knowing the identity of an accused is different from knowing his name. Hence, the positive identification of the malefactor should not be disregarded just because his name was supplied to the eyewitness. The weight of the eyewitness account is premised on the fact that the said witness saw the accused commit the crime, and not because he knew his name.�[12] | |||||
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2000-04-12 |
PUNO, J. |
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| Appellant's defense hinges primarily on denial and alibi. No jurisprudence is more settled than that alibi is the weakest of all defenses, for which reason it is generally rejected especially when the complaining witness sufficiently and positively established the identity of the accused.[17] It must be buttressed by strong evidence of non-culpability to merit a serious consideration. Affirmative testimony like that of the victim is stronger than a negative one. Furthermore, a rape victim's testimony is entitled to greater weight when she accuses a close relative of having raped her, as in the case of a daughter against her father.[18] | |||||